ClubClouds Terms of Service
Last modified: July 03, 2017
Welcome to ClubClouds!
Thanks for using our products and services (“Services”). The Services are provided by ClubClouds Inc. (“ClubClouds”).
We maintain this web site as a service to our customers. By using our Services, you are agreeing to these terms. Please read them carefully. If you do not agree to these terms, you should not view information or obtain goods, products, or services from this site.
1. Accepting the Terms of Service
Please read these Terms of Service carefully before using the Services provided by ClubClouds. By using or accessing the Services, you ("User" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
2. Modifications to this Agreement
ClubClouds reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
3. Use of the Services
You must be a person of at least 18 years of age. You acknowledge that ClubClouds will be collecting your personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with ClubClouds and are not legally prohibited from using the Services.
4. Service Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you. ClubClouds retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. ClubClouds may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. ClubClouds may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. ClubClouds may also terminate or suspend Accounts at any time, in its sole discretion.
5. Registration, and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account"). You agree to provide ClubClouds with accurate, complete, and updated registration information, particularly your email address.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify ClubClouds immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6. Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
7. Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, ClubClouds DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ClubClouds makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. ClubClouds also makes no representations or warranties of any kind with respect to Content; No advice or information, whether oral or written, obtained from ClubClouds or through the Services, will create any warranty not expressly made herein.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ClubClouds SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ClubClouds HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OFClubClouds, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
9. Billing, Plan Modifications and Payments
All charges associated with Your access to and use of a Service are due in full at the time such Service is purchased. If You fail to pay your charges indicated on any Order Form within five (5) business days of Our notice to You that payment is due or delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of such Service by You and End-Users.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade Your Service Plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and ClubClouds does not accept any liability for such loss.
If You pay by credit card or certain other payment instruments, the Services provide an interface for the Account owner to change credit card information (e.g. upon card renewal). The Account owner will receive a receipt within the Services to track subscription status. You hereby authorize ClubClouds to bill Your credit card or other payment instrument in advance on a periodic basis in accordance with the terms of the Service Plan for the Services and for periodic Subscription Charges applicable to Deployed Associated Services to which You subscribe until Your subscription to the Services terminates, and You further agree to pay any Subscription Charges so incurred. You agree to promptly update Your Account information with any changes (for example, a change in Your credit card expiration date) that may occur.
10. Cancellation and Termination
Either party may terminate this Agreement at any time by notifying the other party. ClubClouds may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, ClubClouds may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to ClubClouds or any third party.
11. Governing Law
The content, data, video, and all other material and features on the Websites are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the Canada, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the Province of Ontario applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
12. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between you and ClubClouds with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with ClubClouds's prior written consent. ClubClouds may assign this Agreement in whole or in part at any time without your consent.